President Trump has signed an Executive Order directing the Federal Motor Carrier Safety Administration to strengthen the English Proficiency Requirements for Commercial Motor Vehicle Operators. Under 49 CFR 391.11(b)(2), commercial motor vehicle drivers must “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.”  

But the Order states that this requirement has not been enforced in recent years, and a 2016 FMCSA guidance memorandum downgraded the English language requirement to a civil penalty. The Order directs FMCSA, within 60 days, to rescind the 2016 guidance and takes steps to ensure enforcement of the English-language requirement. In addition, the FMCSA must revise its out-of-service criteria so that a violation of the English language proficiency requirement results in the driver being placed out-of-service.

In response, the Commercial Vehicle Safety Alliance amended its out-of-service criteria to add the English language proficiency requirement. By adding English language proficiency to the out-of-service criteria, a commercial motor vehicle inspector may place a driver out of service if they cannot demonstrate proficiency in reading and speaking English. According to the U.S. DOT, FMCSA will issue guidance for CMV inspectors to ensure enforcement of the English language proficiency standard is applied consistently.

In addition, CVSA will petition FMCSA to update 49 CFR 391.11(b)(2) to identify non-compliance with English language proficiency as an out-of-service condition. CVSA will also send a petition FMCSA requesting that the agency harmonize the commercial driver’s license English language requirements in 49 CFR Part 383 “Commercial Driver's License Standards” with those in 49 CFR Part 391 “Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors” so that the standards are consistent.

The latest Executive Order also instructs the Secretary of Transportation to review state issuance of non-domiciled commercial driver’s licenses to identify any irregularities and ensure American drivers are validly licensed and qualified.